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EASTERLING v. WALTON

156 S.E.2d 787 (1967)

208 Va. 214

Joyce Hall EASTERLING v. Dr. W. W. WALTON.

Supreme Court of Appeals of Virginia.

September 8, 1967.

Attorney(s) appearing for the Case

Robert T. Winston, William J. Sturgill, Norton (Edwin G. Shaffer, Wytheville, Kime & Jolly, Salem, Greear, Bowen, Mullins, Winston & Sturgill, Norton, on brief), for plaintiff in error.

John B. Spiers, Jr., Radford (Spiers, Spiers & Mink, Radford, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

I'ANSON, Justice.

This action was instituted by Joyce Hall Easterling, plaintiff, against Dr. W. W. Walton, defendant, to recover damages for injuries sustained through the alleged negligence of the defendant in failing to remove a laparotomy pad (lap pad) inserted in her abdomen during the course of surgery performed upon her and his failure to render proper post-operative care.

At the conclusion of plaintiff's evidence the trial court struck out her evidence...

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